A.
Persons proposing subdivisions or developments requiring a main extension
for water service shall prepare applications described in this section
with the necessary supporting documents. The policy of the Township
is to permit extensions only when paid for and installed by the applicant.
No facilities for supply, treatment, storage, transmission or distribution
of water within the service area of the Township shall be constructed
unless the Township shall give its consent and the Township Engineer
shall approve construction plans and specifications therefore.
B.
It is the policy of the Township to charge connection fees for connection
to its water system following the rates set forth in the Township's
Rate Schedule. The connection fee is charged per service unit.
C.
Unless otherwise approved where locations do not front on a street
or easement with a water main, residential subdivisions containing
three or more building sites or lots or any residential structure
to be used by three or more families, regardless of volume of flow,
and all nonresidential developments such as schools, commercial buildings,
industrial buildings and other structures will be required to install
a water system to be connected with the nearest existing water mains
in the Township.
D.
For residential subdivisions not fronting on a street or easement
with a water main and containing two or less building sites or lots,
or if the lands are deemed by the Township to be too remote from any
existing facilities, consideration will be given to an individual
well or approved alternative in lieu of connection to existing facilities.
E.
Any main extension and related facilities installed under the provisions
of this section, or easement required for the purpose, shall be transferred
to the Township as hereinafter described.
F.
During construction but before final acceptance, the Township shall
have the right to use any completed portion of the system without
waiving its right to further inspection or testing or to order correction
of any defects provided the Township does not unreasonably delay inspection,
testing and acceptance of that portion of the system.
G.
Use of the water system for any unauthorized or unapproved use(s)
shall not be permitted.
H.
Easements will be required for water mains and other facilities not
located within an existing public right-of-way. The width of such
easements will be determined by the Township, depending on the size
and depth of main or other facilities to be located in the easement.
Easements must be extended to the nearest adjacent property if future
service will be required.
I.
Easement documents must be in a form acceptable to the Township,
and must incorporate the following language:
(1)
No fill, material, machinery, appliances, or similar objects may
be placed on the said premises which will impose an additional loading
in excess of 100 pounds per square inch without the prior written
approval of the Township. Provided; however, that nothing contained
herein shall be deemed to limit the ability of grantors to use the
land over the easement for the storage of vehicles.
A.
A sequence of applications for water main extensions are required
for the Township's determination of needs, availability of service,
effect of proposed extension, and inspection requirements for the
installed extension. Application forms are available from the Township.
No application will be considered unless a professional engineer registered
in the State of New Jersey is in charge of the planning and design
of the proposed water main facilities and has affixed his seal and
signature to the submissions. Eight original applications shall be
submitted with the designated fees to the Township not less than 30
days prior to the Township meeting at which action of the application
is desired.
B.
Applications shall be signed by the property owner. If the property
owner is a partnership, applications shall be signed by a general
partner, or, in the case of a corporation, by an officer of the corporation.
The signature of agent, attorney or engineer is not acceptable.
C.
Each application must be accompanied by those fees, deposits and
guarantees described herein, or in the section of fees and charges.
All fees accompanying applications shall be cash, certified check
or acceptable other draft at the option of the Township. (For standard
applications, see Appendix A.)
D.
The review and inspection fees shall be placed in an escrow fund, with interest as required by law, from which expenses will be paid by voucher (see § 296-6G). If so required by the Township, additional deposits shall be made by the applicant to meet expenses.
E.
Where deposits or guarantees are based on estimated construction
costs, a submission shall be made by the applicant's engineer
and verified by the Township's Engineer. The approved construction
cost shall be based on the estimated period of construction and shall
include all on-site, off-site, and off-tract work; and for bonding
purposes a 20% contingency allowance will be added.
F.
Inspection work by the Township, its employees, engineer or agents
is intended only to review compliance of the work with the approved
design documents. Such inspections (or lack of inspections) are not
intended to review safety precautions, adherence to state or federal
regulations, or hazards to the public, contractor employees, or third
parties. Each applicant assumes full responsibility for damages or
injuries caused on its work sites, and' agrees to indemnify and
provide separate defense for the Township and representatives against
all actions or claims.
G.
Where off-tract facilities are involved, the following policies shall
prevail:
(1)
The developer is considered responsible for providing off-tract facilities
to provide capacity for his development.
(2)
The design of off-tract facilities is to be undertaken by the developer,
and shall be subject to design standards established by the Township
and subject to review of the Engineer and approval of the Township.
The off-tract design is based upon the total community needs, rather
than capacity for the development alone. The design parameters shall
be provided to the Developer by the Township.
(3)
Where the Township requires additional capacity for areas outside
of the development, the Township will assume the additional cost for
increase in facilities size to service such areas.
(4)
Off-tract facilities shall be installed by the developer, and shall
be subject to design standards established by the Township and subject
to review of the Engineer and approval of the Township. The developer's
share of the costs must be available to finance the initial construction
(i.e. the Township shall not be required to finance the developer's
share) unless specific alternate arrangements are approved by the
Township.
(5)
The Township's share of off-tract facilities may be credited
against connection fees. If the Township's share exceeds the
total of all connection fees, a lump sum payment may be made toward
the cost.
(6)
All approved and accepted on-site and off-tract facilities installed
by the developer shall be transferred to the Township, where they
lie in public rights of way or easements. Said transfer of facilities
must take place prior to the release of performance guarantees.
A.
An application describing the proposed residential*, commercial,
or industrial development, or other project, shall be submitted to
the Township with supporting data to determine the economic and technical
feasibility of extending water service. This application shall be
submitted concurrent with filing of a conceptual subdivision or site
plan application with the Allamuchy Land Use Board. The Township may
defer or waive certain parts of this supporting data at its discretion
where the cost of data preparation is excessive for the development
or project planning and approvals. Approval of this application shall
extend for a period not to exceed one year from date of approval,
unless a Township Application for Construction of Water Facilities
(Form C) has been submitted.
B.
In addition to the application, the applicant shall furnish eight
copies of a general location plan (minimum scale one inch equals 100
feet) showing streams, streets, lots, blocks, and tax map numbers;
the location of any existing water distribution and/or sanitary systems
in the area; the proposed system outline and route of construction;
the estimated quality and volume of flow; and a copy of the application
submitted to the Land Use Board. Elevations shall be based on mean
sea level datum.
C.
The Township shall analyze the submitted applications and supporting
data and report to the applicant the Township's recommendations
and/or findings. These findings may be furnished to the Land Use Board
as support material.
D.
If the Township determines that portions of the existing system do
not have sufficient capacity to accommodate flows from the proposed
development, then the Township may require payment for, or the construction
of, supplementary off-tract facilities to accommodate the additional
flow.
*Applies to three or more residential units.
A.
This application shall be submitted following preliminary approval
of the Allamuchy Land Use Board, copy of which shall accompany this
application.
B.
An application and supporting data specifying the engineering details
of the proposed project will be analyzed for compliance with Township
engineering standards including provisions for orderly growth.
C.
This form is filed after approval of Form A on all applications,
and must be submitted within 12 months after conceptual review approval
or reapplication for conceptual approval will be required. The applicant
shall specify whether phased construction is intended.
D.
This application shall be accompanied by eight copies of the Engineer's Report, construction cost estimate, drawings (horizontal scale one inch equals 30 feet), specifications, manufacturers' data, and other material needed to permit a detailed engineering review. The Engineer's Report shall clearly define the design criteria used in connection with population, flow, layout, water system design, equipment selection, etc. All drawings submitted shall be the latest drawings approved by the Township and shall be kept current. Final drawings filed by the applicant shall include notations as to the transfer of easements and water system facilities similar to the notations required under § 296-30. The drawings shall include finished floor grades which are necessary to assure that no new fixture is installed above the street elevation to which adequate pressure can be provided.
E.
The application and supporting data will be reviewed by the Township
to determine compliance with the Township's Rules and Regulations,
applicable statutes, and projected growth patterns. Approval of this
application, with conditions set by the Township, shall be a mutual
agreement between the applicant and the Township regarding the terms
and conditions for providing water service, including the construction
or financing of off-tract facilities considered necessary by the Township.
F.
The Township shall approve or disapprove an application within 60
days of the application being deemed complete.
G.
The applicant shall pay all permit and application fees to the Township
(see Appendix B for fee schedule), as well as applicable fees to New
Jersey Department of Environmental Protection (NJDEP) for permits
to construct water mains and/or other structures within floodplains,
wetlands and the right-of-way limits of State, County, Municipal and
private roads and all railroads, and all other permits must be secured
by and paid for by the applicant. In addition, the applicant shall
prepare all applications and submit all data required by the current
Rules and Regulations of the NJDEP, including:
(1)
NJDEP Form CP-#1, with engineer's signature and seal where designated,
three copies.
(2)
NJDEP Form WQM-006, engineer's report, signed and sealed, three
copies.
(3)
Endorsements.
(4)
Township of Allamuchy Land Use Board resolution approving the project,
two copies.
(5)
Receipts of notifications to proper agencies, two copies.
(6)
U.S.G.S. Quad Map, three copies.
(7)
Final plans and profiles, signed and sealed, six copies.
(8)
Checks for proper applicable fees payable to "Treasurer, State of
New Jersey."
H.
The applicant must inform and secure any necessary clearance and/or
approval from any public utility involved. Proof of such notice and/or
approvals shall be filed with the Township.
I.
Before construction may commence, the applicant must also furnish
the following:
(1)
NJDEP approval to construct (if and when applicable).
(2)
Performance guarantees and inspection fees, as hereinafter specified.
(3)
Insurance certificates, with coverage as hereinafter specified.
(4)
Schedule of construction.
(5)
Payment for off-tract facilities.
(6)
Easements and/or rights-of-way.
J.
Approval of construction by the Township will be void and invalid
after one year unless substantial construction has commenced on the
approved facilities. Where construction has commenced within the one-year
period, approval will be automatically renewed for a successive one-year
period, after which a request must be filed for an extension of time.
Should a project not commence substantial construction within the
one-year period, the application as indicated shall become void and
invalid and will require a renewal application to the Township.
K.
A renewal application fee under Appendix B shall be charged. Should
the application be resubmitted in its previous form, without need
for change, the application may then be renewed by the Township without
additional review. Should there be any change in the application or
site or system condition, or in the Township Rules and Regulations,
an entirely new review, with the appropriate fees, may be required.
It shall not be necessary for Township to notify an applicant that
his time period has expired, that will be the responsibility of the
applicant. Application shall be required upon the expiration of any
of the above noted time periods.
L.
Capacity in the system will not be reserved unless a) the Township
approval is still valid, and b) all connection fees are paid.
A.
Upon satisfactory completion of construction, inspection, and testing,
the applicant shall request that the Township approve the installed
system (or part thereof).
B.
Ownership, maintenance and operation of the system shall be the responsibility
of the Township only after specific written final acceptance is issued
by the Township Engineer and the licensed operator for all or part
of the system. Unless this written final acceptance is issued by the
Township Engineer and the licensed operator, the ownership, maintenance
and operation shall remain the responsibility of the applicant. However,
operation of the system may not commence until a permit for operation
is issued by the Township Engineer and the licensed operator and,
if applicable, notification has been sent to the State Department
of Environmental Protection. The applicant shall be subject to all
and any payments of any fines, levies and/or assessments prior to
the final acceptance of the ownership of the system by the Township.
C.
The application shall be accompanied by:
(1)
Three copies of as-built plans (as described hereinafter), one of
which must be reproducible, prepared and certified by the applicant's
engineer and approved by the Township Engineer.
(2)
All necessary documents, legal descriptions and plans approved by the Township that will permit the dedication and/or acceptance of all necessary facilities, property and easements that are in inherent and necessary part of the complete project. (Also see § 296-22.)
(3)
Proof of payment of all fees and charges required by the Rules and
Regulations up to and including this application.
(4)
Operating permit for that portion of water system facilities covered
by this application.
(5)
Releases from all parties having jurisdiction over any part of the
project.
(6)
Certified copy of final map as recorded with the County Clerk.
(7)
A written release from any legitimate complaint on record with the
Township (or a suitable Township Engineer or Inspector's report
on the complaint).
(8)
A signed voucher for release of cash bond.
D.
Upon recommendation of the Township Engineer, a partial reduction
in the performance guarantee may be approved by the Township.
A.
A performance guarantee satisfactory in form to the Township, in
the amount of at least 120% of the total approved construction cost
of that portion of the project covered by the application, shall be
furnished with the Application to Construct (Form C). The guarantee
shall contain an "evergreen" clause, and shall remain in full force
and effect for the duration of construction and until release is approved
by the Township. The guarantee shall assure the Township of complete
acceptable construction, and shall further guarantee that said construction
will be in accordance with the Rules and Regulations of the Township,
and the plans, specifications, Engineer's Report, and cost estimate
approved by the Township Engineer. The approved guarantee shall be
in the form of a 90% performance guarantee by approved surety and
10% cash or certified check. The amount of the required performance
guarantee may be increased for due cause by the Township, including
periods of construction extending more than one year. In the event
of default or non-performance by a developer, as determined solely
by the Township, part or all of the performance guarantee may be applied
by the Township to completion of the work.
B.
Prior to the commencement of construction, the applicant shall provide
the Township with satisfactory certificates of insurance and policy
endorsements from a company licensed to transact business under the
insurance laws of the State of New Jersey indicating that the applicant
has in force and will maintain in full force and effect for the duration
of the construction all of the following coverages:
(1)
Workmen's compensation insurance: with limit under Coverage
B for employer's liability set at $500,000.
(2)
Contractor's comprehensive general liability insurance: with
limits for personal injury of $2,500,000, including accidental or
wrongful death on account of any one occurrence; also limits for property
damage of $500,000 on account of any one occurrence and $1,000,000
on account of all occurrences. The "x," "c" and "u" exclusions shall
be removed from liability policies.
(4)
Subcontractor insurance: each contractor working on the site, or
in connection with this project, must carry identical insurance coverage
to that listed herein.
(5)
The applicant shall agree to indemnify and save harmless the Township
of Allamuchy, its officers, Engineers, agents and servants from and
against any loss, resulting from negligence or the fault of the applicant
in the case of work covered by the application. Further, the applicant
shall also indemnify and save harmless the Township (including costs
of providing a defense) against any damage done to other utilities
arising out of the applicant's operation.
(6)
The expiration date shall be listed for each policy, and certifications
should indicate that 30 days' notice will be given to the Township
of expiration or cancellation of policies.
(7)
Insurance certificates must identify the subject project or development
by name and Township project number.
C.
Said coverage shall be duly issued by an insurance company authorized
to do business in the State of New Jersey. The Township and its Engineer
shall be named as an additional insured on the applicant's insurance
policy. In cases where the character or nature of the proposed construction
are such as to present an unusual hazard or higher than normal risk
of damage or injury, the Township may require the provision of increased
amounts of liability and property damage insurance.
D.
The contractor, developer and/or builder is totally responsible for
safety precautions on and off the site for operations relating to
a project, and must carry insurance or be personally responsible for
personal injury or property damage claims from employees, the public,
or third parties. It is the responsibility of the developer that all
policies must remain in full force and effect until approved completion
of construction, including any final repairs.
A.
No construction may start without "authorization to construct" from
the Township, a "permit to construct" from the State Department of
Environmental Protection, where required, and a minimum one week's
notice to the Township of intention to start work.
B.
During construction, the Township intends to have personnel present
on the site to observe the installation of water system facilities.
The purpose of such observations will only be to assure an acceptable
installation. The Township and its representatives shall have no responsibility
for safety practices on the site, and shall incur no liability for
injury or damage caused by the contractor's operations. The cost
of such observation shall be borne by the applicant.
C.
Work may be rejected for the following reasons:
(1)
If it is installed and/or backfilled without observations by Township
personnel or representatives;
(2)
If it is performed after the Township's authorized agent disapproves
the installation procedures and/or materials;
(3)
If it fails to pass the testing or other requirements stipulated
elsewhere in these regulations; or
(4)
If it is not in compliance with the approved construction plans.
D.
Work will be approved only after final observation, testing, corrective
work, approval of restoration by the Township and property owners,
and written certification by the Township's Engineer.
E.
The Township reserves the right to stop work on the project, if materials,
workmanship, or operations are not in conformance with specifications
or Township regulations. Failure to stop work may result in the following:
(1)
Rejection of all work.
(2)
Notification to surety that performance guarantees are being violated.
(3)
Notification to Township that issuance of building permits and certificates
of occupancy should be withheld or terminated.
(4)
Police action if work is being performed in public rights-of-way
or in a manner detrimental to the public welfare.
F.
The contractor, builder, subdivider, and all subcontractors must abide by the requirements of the State Construction Safety Code, and the OSHA regulations. Neither the Township nor its engineer or agents are responsible for adherence to such regulations, or for other safety precautions related to the project. (Also see § 296-34.)
G.
If there is any portion of the project left in a hazardous condition,
or if reasonable orders issued by the Township or its Engineer are
not followed, the Township reserves the right to use the cash portion
of the performance guarantees to rectify the condition. Five days'
written notice of such intention will be issued by the Township to
the applicant and his surety, unless hazards to the public require
more urgent action. If the cash funds are inadequate, additional funds
must be posted, or the Township may demand action by surety.
Prior to final release of the performance guarantee, the applicant
shall submit a maintenance bond from acceptable surety, in form approved
by the Township. The bond shall be in the amount of 15% of the original
approved construction cost estimate, and shall extend for two years
from the date of the resolution releasing the performance guarantee,
and remain in effect until an acceptable final inspection. No partial
maintenance bonds will be accepted.
Upon submission for acceptance (Form D), as-built plans shall
be submitted to the Township, using the following guidelines and check
list:
A.
Drawing size: approximately 24 inches by 36 inches.
B.
Name of development and lot and block number in title box, and "As-Built"
clearly labeled.
C.
Horizontal scale: one inch equals 30 feet.
D.
Date of as-built survey and name of surveyor.
E.
North arrow.
F.
Profiles.
G.
Distances.
H.
All other utilities shown on plan or encountered.
I.
Hydrant and valve locations.
K.
Notations as to the finished elevations of building being served.
L.
Location of pipe in easements (easements labeled).
M.
Location of valves in easements (tie to existing structures).
P.
Transfer of ownership of easements and water facilities, using the
following wording:
(1)
Water system easements shown on these drawings previously dedicated
to the Township and all water system facilities installed as shown
herein are hereby accepted by the Township of Allamuchy.
Q.
Drawing materials - mylar or linen reproducibles (one set) and blue-line
prints (two sets) upon final acceptance.
R.
Electronic files - compact disk containing the CADD generated files,
Release 14 or later, of the as-built plan.
